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'Two-Faced' Acceptance of International Criminal Justice Accountability Mechanisms by Actors in the Northern Uganda Armed C

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'Two-Faced' Acceptance of International Criminal Justice Accountability Mechanisms by Actors in the Northern Uganda Armed C ‘Two-Faced’ Acceptance of International Criminal Justice Accountability Mechanisms by Actors in the Northern Uganda Armed Conflict Content 1 Introduction 2 The Genesis, Causes and Impact of the Armed Conflict in Northern Uganda Robert Mugagga-Muwanguzi 3 Trends, Drivers, Patterns and Dynamics of Accepting the Application of ICJ in Uganda 4 Victim’s and Civil Society Perceptions on Using other Transitional Justice Mechanisms 5 Conclusion 6 Bibliography ‘Two-Faced’ Acceptance of International Criminal Justice Accountability Mechanisms by Actors in the Northern Uganda Armed Conflict ‘Two-Faced’ Acceptance of International Criminal Justice Accountability Mechanisms by Actors in the Northern Uganda Armed Conflict Robert Mugagga-Muwanguzi1 1. Introduction Since Uganda gained independence from the British on 9 October 1962, Uganda has been plagued by troubles, violence and conflict, with millions experiencing grave injustices and serious human rights violations.2 Conflict in Uganda, as in many African states, has its roots in ethnic differences, marginalisation and colonial legacies (Lomo and Hovil 2004; Otim and Wierda 2010). At the end of each conflict, the country has had to grapple with how to confront the injustices and violence or, even more importantly, how to address gross human rights violations committed during periods of anarchy amidst the competing needs of establishing a reconciled, unified, democratic and peaceful society. The conflict of over two-decade in northern Uganda, which is one of the longest armed struggles in the world, has caused devastation for civilians in the region and has resulted in gross human rights violations. To address this, a number of transitional justice and international criminal justice mechanisms (ICJ) have been discussed and some introduced with varying degrees of success. One of the most debated and contested of these is criminal prosecution through the International Criminal Court (ICC). This study sets out to examine the views of different actors (victims, government and civil society) on the application of ICJ mechanisms in ensuring accountability for crimes committed during the conflict in northern Uganda. This research serves to close the gap in our understanding of whether and why people that have experienced what can be categorised as international crimes accept the application of ICJ frameworks and justice mechanisms. This study reveals that perceptions of different actors towards the application of ICJ mechanisms in holding to account the perpetrators of international crimes have changed over time, due to varying interests and transitional justice interventions. Although at the outset of the 1 Robert Mugagga-Muwanguzi is a PhD candidate in Transitional Justice under the South African-German Centre for Transnational Criminal Justice run jointly between Humboldt-Universität Berlin, Germany and the University of the Western Cape, South Africa. 2 Since Uganda gained independence, it has had eight changes of government, five of which have been violent. These include the 1966 crisis which saw the then Prime Minister, Apollo Milton Obote, attacking the palace of Kabaka Mutesa I, who was the President. The country was further plagued by violence when Idi Amin took power from Obote in 1971 through a military coup. In 1979, Amin’s government was toppled by a group of Ugandan exiles with support from Tanzanian forces. Obote returned as President after the 1980 fraudulent election, which resulted in the National Resistance Army (NRA) taking up arms against the government. Obote’s government was overthrown in 1986 by the NRA, which is still in power. Since then, over 20 armed groups have attempted to dislodge it from power, with the longest and most brutal conflict being in northern Uganda. 1 ‘Two-Faced’ Acceptance of International Criminal Justice Accountability Mechanisms by Actors in the Northern Uganda Armed Conflict ICC interventions in 2004 there was overwhelming opposition to the ICC, this trend has reversed and a more accommodating position has been taken. Increasingly, the ICJ is seen as part of an amalgamated solution, rather than a problem that threatens the community. Initially, the ICC was vehemently opposed, as it was perceived to jeopardise the pursuits for peace initiatives that were underway at the time and that the Court had exhibited bias by indicting only the LRA and leaving out the government forces. The shift in positions by the actors demonstrates a twin-faceted acceptance of the use of ICJ while at the same advocating for restorative mechanisms. The underlying thread also coming through this study is that actors would like to see a comprehensive scheme implemented by the Government of Uganda and other stakeholders, which would harness the ICC alongside domestic criminal prosecutions plus other transitional justice mechanisms or processes. This paper is based on six months of fieldwork conducted between January and June 2016 in the districts of Soroti, Kumi, Lira, Apac, Pader, Gulu, Masindi, Kitgum, Adjumani (spread over northern, north-western and eastern Uganda) and Kampala. In total, 94 semi-structured interviews with open questions were conducted with various key informants from actor- specific groups. Semi-structured interviews are important in defining the areas to be explored, and also allow the researcher to pursue a response in more detail (Gill et al. 2008, 291). The issues that were under investigation needed further probing to get more insights and this was the best method to gather such information. The insights were complemented by observations during the field visits, as well as an analysis of written data in the form of legislations, Hansards, opinion polls, media articles and ICC-focused perception surveys. The primary information or data obtained from the respondents was then triangulated with the secondary sources to facilitate a deepened and contextualised analysis of the issues under investigation. The interviews were conducted in English and, where necessary, in local dialects through interpreters. The aspect of safety and confidentiality (especially where specifically requested) was respected and adhered to by the researcher by omitting the names or adopting pseudo names. The interviewees were selected either because they had been affected by (or interfaced with) the northern Uganda armed conflict or the ICC in some form; or because they were particularly knowledgeable about the conflict or the ICC. The actor groups from which the interviewees were selected are: (1) the direct and indirect victims of mass atrocities of the conflict, including cultural or traditional leaders, local government leaders, local politicians, community leaders and religious leaders; (2) civil society representatives including local and foreign non-governmental organisations (NGOs), lawyers, academics and in some cases religious and cultural leaders working under recognised entities; and (3) the government and state agencies, including both national and local government officers, parliamentarians, judiciary and members of the Ministry of Foreign Affairs, the President’s office, the Intelligence Services, the local Police, the Directorate of Public Prosecutions, Uganda’s Amnesty Commission, Uganda’s Law Reform Commission and Uganda’s Human Rights Commission. Following this introduction, the next part of this study defines the key terms used in the study, before then dealing with Uganda’s legacy of conflict, particularly the one in northern Uganda. 2 ‘Two-Faced’ Acceptance of International Criminal Justice Accountability Mechanisms by Actors in the Northern Uganda Armed Conflict The next two parts examine how the three actors (victims, government or state, and civil society) have accepted or rejected ICJ mechanisms, and analyse which other transitional justice mechanisms the actors advocate to complement or replace ICJ mechanisms. 1.1 Meanings of Key Terms Used in the Study A few terms frequently used in this paper need to be clarified. First, the term ‘acceptance’ which carries the meaning of ‘agreeing, expressly or through conduct, to the principles or norms of ICJ accountability mechanisms in one or several manifestations of legal systems, institutions or processes being used in post conflict situations’ (Buckley-Zistel 2016, 2). The acceptance (or rejection) of ICC accountability mechanisms or other proposed transitional justice mechanisms by one or several actors in this post-conflict situation is reflected through a range of various actors’ statements, actions or lack of action, symbols and activities. Second, the term ‘ICJ’ refers to that branch of public international law that encompasses the regulation and enforcement of individual criminal accountability for perpetrators of international crimes through international and national enforcement institutions or courts (Bellelli 2010; Brownlie 2008; Zahar and Sluiter 2008; Bassiouni 2003; Bassiouni 2005). The ICC, which forms a critical part of the ICJ framework, has jurisdiction over war crimes, genocide and crimes against humanity. Under the terms of the Preamble of the Rome Statute, the prosecution of international crimes rests with both the international community and individual states. ‘Accountability’ in the context of this paper refers to interventions, measures and mechanisms that hold the perpetrators of international crimes legally responsible for their actions (USIP 2009). It is the elimination of impunity through systems linked to transitional justice. Lastly, the term ‘transitional justice’ refers
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